No. 3230 Precedential Processed

Kohn v. Davidson

Louisiana Supreme Court · Filed May 15, 1871 · 23 La. Ann. 467

Also decided on this docket: La. Ct. App. 4th Cir., January 6, 1969 218 So. 2d 98; La. Ct. App. 1st Cir., March 28, 1950 45 So. 2d 224; La. Ct. App. 1st Cir., April 9, 1931 133 So. 838

Cited by

Sullivan v. Tremont & Gulf Railway Co. 4 La. App. 358 La. Ct. App. 1st Cir. 1925
In re Lindner 37 So. 720 La. 1904

Opinion text

On Rehearing. ' PIowe, J. Through inadvertence we passed upon the merits of this «case, which had not been passed on in the court below. Our judg *469 ment should he limited to overruling the plea of prescription, in. regard to which, and the facts by which it is shown that prescription had been renounced, our opinion is unchanged. It is therefore ordered (our former decree being set aside) that the judgment of the lower court he avoided and reversed; that the plea of prescription filed by defendant he overruled, and that this cause be remanded to the lower court to be proceeded with according to law;, the defendant to pay costs oí appeal.